California Code, Education Code - EDC § 56366.9

A licensed children's institution at which individuals with exceptional needs reside shall not require as a condition of residential placement that it provide the appropriate educational programs to those individuals through a nonpublic, nonsectarian school or agency owned, operated by, or associated with, a licensed children's institution. Those services may only be provided if the special education local plan area determines that appropriate public alternative educational programs are not available.A licensed children's institution shall not refer a pupil to, or place a pupil in, a nonpublic, nonsectarian school.